The Relevance of Pardon and Amnesty in Nigerian Legal System

Abstract

This article examined the relevance of pardon and amnesty in Nigerian legal system. The study x-rayed the use of pardon and amnesty by the executive as necessary tools to grant relief from the law to persons concerned with or convicted of any offence created by an Act of the National Assembly. The work observed that pardon and amnesty can be used for rehabilitation and reintegration of individuals into society as well as for national reconciliation, fostering healing and unity. They can also help alleviate prison overcrowding by reducing the number of individuals serving sentences. Using the doctrinal method, this research examined scholarly materials such as journals, books, internet and other published materials that are associated with the subject matter.  The objective of this work revealed that although the exercise of the power of pardon by the executive may be based on legal or humanitarian factors, it may also be influenced by political considerations, which has created doubts about the sincerity and genuine intent behind such decisions.  The study therefore recommended that clear and transparent criteria and guidelines should be included in the Constitution articulating the circumstances under which pardon or amnesty may be considered, ensuring consistency and fairness in decision-making.

 

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